State v. Beaty

OPINION

WRIGHT,-Judge.

Appellant challénges the duration of his sentence first imposed at a probation-revocation hearing, arguing that the district court, by vacating the stay of imposition and imposing and executing a sentence that is an upward durational departure from the Minnesota Sentencing Guidelines, violated appellant’s Sixth Amendment right to a jury trial as recognized in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We reverse appellant’s sentence and remand this matter to the district court for reconsideration of the sentence in light of the new rule…